A tutela do direito de moradia e o ativismo judicial

Revista Brasileira de Políticas Públicas

Paulo Afonso Cavichioli Carmona¹ 

[1] UNICEUB - Centro Universitário de Brasília/Departamento de Direito

关键词: Ativismo judicial;    Direito à moradia adequada;    Dignidade da pessoa humana;    Política habitacional;    Direitos sociais;   

DOI  :  

学科分类：社会科学、人文和艺术（综合）

来源: Centro Universitario de Brasilia

【 摘 要 】

The study aims to analyze one of the legal protection of property rights, in paternal legal system, as well as your paragraph discussing proposed improvement. Enterprising this discussion , outside- if analysis of constitutional and international law, the fundamental law of property as notably from Constitutional Amendment No. 26 of February 14, 2000, which introduced a housing between social rights sculptured in article 6 of the Charter. Then, enjoy - if the chronic problem: the Brazilian housing deficit huge contrast them with the trajectory of public policy social housing. After observe as the judiciary has acted in protecting the right to housing , because this theme puts such a way very sharply, the judge in front of the dilemma of acting as an agent of social transformation or a simple solver conflicts of interest. To perform if such a task, it’s necessary the observation of jurisprudence produced in Brazilian Superior Courts, notably in the STF and STJ, in contrast to the doctrine and foreign jurisprudence in the protection of the right to housing . It is concluded, then, that the patriotic courts interfere little in housing public policy or to protection law fundamental to housing. Finally, the text presents a proposal for the improvement of protection of the right to housing in Brazil.

【 授权许可】

Unknown